(a) Any person claiming to be aggrieved by any assessment in
any land or personal property book of any county who shall have
appeared and contested the valuation as provided in section twenty-
four or twenty-four-a of this article, or whose assessment has been
raised by the county commission sitting as a Board of Equalization
and Review above the assessment fixed by the assessor may, at any
time up to thirty days after the adjournment of the board sitting
as a Board of Equalization and Review, or at any time up to thirty
days after the order of the Board of Assessment Appeals is served
on the parties, apply for relief to the circuit court of the county
in which the property books are made out; but any person applying
for relief in circuit court shall, before any application is heard,
give ten days' notice to the prosecuting attorney of the county,
whose duty it shall be to attend to the interests of the state,
county and district in the matter, and the prosecuting attorney
shall give at least five days' notice of hearing to the Tax
Commissioner.

(b) The right of appeal from any assessment by the Board of
Equalization and Review or order of the Board of Assessment Appeals
as provided in this section may be taken either by the applicant or
by the state, and in case the applicant, by his or her attorney, or
in the case of the state, by its prosecuting attorney or other
attorney representing the Tax Commissioner. The party desiring to take an appeal from the decision of either board shall have the
evidence taken at the hearing of the application before either
board, including a transcript of all testimony and all papers,
motions, documents, evidence and records as were before the board,
certified by the county clerk and transmitted to the circuit court
as provided in section four, article three, chapter fifty-eight of
this code, except that, any other provision of this code
notwithstanding, the evidence shall be certified and transmitted
within thirty days after the petition for appeal is filed with the
court or judge, in vacation.

(c) If there was an appearance by or on behalf of the taxpayer
before either board, or if actual notice, certified by the board,
was given to the taxpayer, the appeal, when allowed by the court or
judge, in vacation, shall be determined by the court from the
record as so certified: Provided, That in cases where the court
determines that the record made before the board is inadequate as
a result of the parties having had insufficient time to present
evidence at the hearing before the board to make a proper record,
as a result of the parties having received insufficient notice of
changes in the assessed value of the property and the reason or
reasons for the changes to make a proper record at the hearing
before the board, as a result of irregularities in the procedures
followed at the hearing before the board, or for any other reason
not involving the negligence of the party alleging that the record is inadequate, the court may remand the appeal back to the county
commission of the county in which the property is located, even
after the county commission has adjourned sine die as a Board of
Equalization and Review or a Board of Assessment Appeals for the
tax year in which the appeal arose, for the purpose of developing
an adequate record upon which the appeal can be decided. The
county commission shall schedule a hearing for the purpose of
taking additional evidence at any time within ninety days of the
remand order that is convenient for the county commission and for
the parties to the appeal. If, however, there was no actual notice
to the taxpayer, and no appearance by or on behalf of the taxpayer
before the board, or if a question of classification or taxability
is presented, the matter shall be heard de novo by the circuit
court.

(d) If, upon the hearing of appeal, it is determined that any
property has been assessed at more than sixty percent of its true
and actual value determined as provided in this chapter, the
circuit court shall, by an order entered of record, correct the
assessment, and fix the assessed value of the property at sixty
percent of its true and actual value. A copy of the order or
orders entered by the circuit court reducing the valuation shall be
certified to the Auditor, if the order or orders pertain to real
property, by the clerk within twenty days after the entering of the
same, and every order or judgment shall show that the prosecuting attorney or Tax Commissioner was present and defended the interest
of the state, county and district. If it be ascertained that any
property has been valued too high, and that the taxpayer has paid
the excess tax, it shall be refunded or credited to the taxpayer in
accordance with the provisions of section twenty-five-a of this
article, and if not paid, he or she shall be relieved from the
payment thereof. If it is ascertained that any property is valued
too low, the circuit court shall, by an order entered of record,
correct the valuation and fix it at sixty percent of its true and
actual value. A copy of any order entered by any circuit court
increasing the valuation of property shall be certified within
twenty days, if the order pertains to real property, to the
Auditor, the county clerk and the sheriff. However, if the order
pertains only to personal property, then the copy shall be
certified within twenty days to the county clerk and to the sheriff
and it shall be the duty of the Auditor, the county clerk and the
sheriff to charge the taxpayer affected with the increase of taxes
occasioned by the increase of valuation by applying the rate of
levies for every purpose in the district where the property is
situated for the current year. The order shall also be filed in
the office of the Auditor and clerk of the county commission. The
circuit court shall review the record submitted from the board. If
the court determines that the record is adequate, it shall
establish a briefing and argument schedule that will result in the appeal being submitted to the court for decision within a
reasonable time, but not to exceed eight months after the appeal is
filed. All final decisions or orders of the circuit court shall be
issued within a reasonable time, not to exceed ninety days, from
the date the last brief is filed and the case is submitted to the
court for decision. The state or the aggrieved taxpayer may appeal
a question of valuation to the Supreme Court of Appeals if the
assessed value of the property is $50,000 or more, and either party
may appeal a question of classification or taxability.

(e) All persons applying for relief to the circuit court under
this section shall be governed by the same presumptions, burdens
and standards of proof as established by law for taxpayers applying
for such relief.

(f) Effective date. -- The amendments to this section enacted
in 2010 shall apply to tax years beginning after December 31, 2011.